Tag Archives: «IPR»

In a recent case of Disney Enterprises, Inc. and Ors. vs. Pankaj Aggarwal and Ors. [CS (Comm.) 449/2016, I.A. 2107/2014 and I.A. 2110/2014], the Delhi High Court dealt with the issue of character merchandising and upheld that the use of the character “Lightning McQueen” violated the copyrights of Disney (Plaintiff) and also the rights in the character.>>

In a recent Trademark infringement matter, the Delhi High Court has held that in order to qualify as infringement under Section 29(5) of the Trademarks Act, 1999 (“Act”) there has to be exact use of the registered mark and mere use of a prefix/suffix would not amount to infringement. The Court was hearing a trademark infringement matter wherein the defendant had used a word “MERCYKIND” as part of its trade name which was allegedly similar to that of Plaintiff’s registered trademark “Mankind”.>>

Recently, while researching for a talk on IP strategies for start-ups, I realised that Intellectual Property (IP) experts tend to view this topic through pretty much the same lens through which they see IP for any other entity. Almost every article related to the topic of “IP for start-ups” essentially covered the importance of IP in general without distinguishing the fact that start-ups are different from larger, more established entities. While advising start-ups on IP, experts generally try to push start-ups to create and protect IP, ignoring their life-stage, financial situation and process maturity.>>

It is a well-known fact that India as a country is rich in traditional knowledge (TK) which has been passed on across generations. Indian traditional knowledge is expressed in languages such as Sanskrit, Arabic, Persian, Urdu and Tamil; there is also a large body of unwritten knowledge that is passed on orally from one generation to another. Ancient traditional knowledge is vital to the identity of most local communities in India. TK also helps local communities thrive by way of culture, healthcare, trade and development, etc. TK is being commercially exploited in India and other countries by patenting. Patenting the already existing TK prejudices the interests of rightful owners and prevents others from using such TK.>>

When a patent application is filed in multiple jurisdictions, the applicant is obligated to disclose details of filing in other jurisdictions, to the Indian Patent Office. The details to be disclosed include application number, date of filing, jurisdictions/country(ies) in which the application has been filed, date of publication, date of grant, and status of the application(s). Objective of the section is to keep the controller/patent office apprised about the filing and processing of patent applications based on same or similar inventions in other jurisdictions.>>

In a constructive attempt to streamline, simplify and expedite the trademark registration processes, the Trade Mark Rules, 2017 have been notified and came into effect from March 6th 2017. In consonance with the National IPR Policy, 2016, the Rules also introduce specific provisions for Start-Ups and Small Enterprises to stimulate and promote innovation and creativity among such entities.>>

India’s trademark system continues to evolve. The advent of the new IP Policy in 2016, along with constant steps taken by the TM Registry to digitise processes, has yielded visible improvements towards quicker registrations in India. Once the new trademark law comes into force the regime is only going to get stronger and more business friendly.>>

Three-Dimensional printing (3D printing or Additive Manufacturing) refers to the development of 3D physical objects from 3D digital model data in computer-aided design (CAD) or additive manufacturing (AM) file formats using computer-controlled 3D printers. The CAD files could be generated by scanning the real world objects that need to be printed or by designing objects digitally on a computer. 3D printing enables printing of any 3D physical object and considering the application of 3D printing technology in numerous fields, there is no doubt that it is one of the more important and exciting emerging technologies. 3D printing mitigates the complexities involved in manufacturing across various sectors and simplifies the processes.>>

There has never been a better time to be an entrepreneur in India than in the past three or four years. Thousands of start-ups are burgeoning, offering solutions that help improve different facets of life. It is perhaps natural for entrepreneurs to marshal their limited resources (both money and people) and focus on solution creation, business development and securing funding. But it is important for them to realize that in a hyper-competitive environment, others may come up with their own solution ideas and unless the first-mover acts quickly to protect its IP, the risk always exists that their innovation may be deliberately or unwittingly copied, thereby compromising the entire business.>>

With the objective of stimulating India’s intellectual property rights (IPR) system to make it more dynamic, vibrant and responsive to the growing push being given to innovation and entrepreneurship, the Union Cabinet has approved the National IPR Policy on 12th May 2016. This was announced via a press release dated 13th May 2016. >>

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